Illinois General Assembly - Full Text of HB0259
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Full Text of HB0259  100th General Assembly


Rep. La Shawn K. Ford

Filed: 2/23/2017





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2    AMENDMENT NO. ______. Amend House Bill 259 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Isolated Confinement Restriction Act.
6    Section 5. Definitions. In this Act:
7    "Correctional facility" means any State correctional
8facility or county correctional facility, and any State, county
9or private facility detaining persons under any
10intergovernmental service agreement or other contract with any
11State, county, or federal agency, including, but not limited
12to, United States Immigration and Customs Enforcement.
13    "Facility administrator" means the chief operating
14officer, senior administrative designee, or warden of a
15correctional facility.
16    "Isolated confinement" means confinement of a committed



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1person in a correctional facility in a cell or confined living
2space, alone or with other inmates, for more than 20 hours in
3any 24-hour period.
4    "Protective custody" means confinement of a committed
5person in a cell or confined living space under conditions
6necessary to protect the committed person or others.
7    Section 10. Restrictions on the use of isolated
9    (a) Except as provided in subsection (b) of this Section,
10the use of isolated confinement in correctional facilities in
11this State shall be restricted as follows:
12        (1) A committed person may not be placed in isolated
13    confinement for more than 10 consecutive days.
14        (2) A committed person may not be placed in isolated
15    confinement for more than 10 days in any 180-day period.
16        (3) While out of cell, committed persons may have
17    access to activities, including but not limited to: job
18    assignments, educational classes, vocational classes,
19    meals, recreation, yard or gymnasium, day room, medical
20    appointments, visits, and group therapy.
21    (b) Isolated confinement shall be permitted if the facility
22administrator determines that a committed person should be
23placed in protective custody. The facility administrator's use
24of protective custody is limited as follows:
25        (1) The committed person may be placed in protective



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1    custody only with informed, voluntary written consent of
2    the committed person.
3        (2) A committed person in protective custody may opt
4    out of that status by providing informed, voluntary,
5    written refusal of that status.
6    (c) Nothing in this Act is intended to restrict any rights
7or privileges a committed person may have under any other
8statute, rule, or regulation.
9    Section 15. Data publication. The Department of
10Corrections shall post on the Department's official website
11quarterly reports on the use of isolated confinement. Those
12reports shall include data on the use of isolated confinement
13by age, sex, gender identity, ethnicity, incidence of mental
14illness, and type of confinement status, at each facility;
15these reports shall include the population on the last day of
16each quarter and a non-duplicative cumulative count of persons
17exposed to isolated confinement for each fiscal year. These
18reports shall include the incidence of emergency confinement,
19self-harm, suicide, and assault in any isolated confinement
20unit, as well as explanations for each instance of
21facility-wide lockdown. These reports shall include data on the
22access to health care, including the time it takes for a
23confined person to access medical care following a request and
24the time between routine mental and physical checkups. These
25reports shall not include personally identifiable information



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1regarding any committed person.
2    Section 105. The Unified Code of Corrections is amended by
3changing Section 3-8-7 as follows:
4    (730 ILCS 5/3-8-7)  (from Ch. 38, par. 1003-8-7)
5    Sec. 3-8-7. Disciplinary Procedures.)
6    (a) All disciplinary action shall be consistent with this
7Chapter. Rules of behavior and conduct, the penalties for
8violation thereof, and the disciplinary procedure by which such
9penalties may be imposed shall be available to committed
11    (b)(1) Corporal punishment and disciplinary restrictions
12on diet, medical or sanitary facilities, mail or access to
13legal materials are prohibited.
14    (2) (Blank).
15    (3) (Blank).
16    (c) Review of disciplinary action imposed under this
17Section shall be provided by means of the grievance procedure
18under Section 3-8-8. The Department shall provide a disciplined
19person with a review of his or her disciplinary action in a
20timely manner as required by law.
21    (d) All institutions and facilities of the Department of
22Corrections shall establish, subject to the approval of the
23Director, procedures for hearing disciplinary cases except
24those that may involve the imposition of disciplinary



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1segregation and isolation; the loss of good time credit under
2Section 3-6-3 or eligibility to earn good time credit.
3    (e) In disciplinary cases which may involve the imposition
4of disciplinary segregation and isolation, the loss of good
5time credit or eligibility to earn good time credit, the
6Director shall establish disciplinary procedures consistent
7with the following principles:
8        (1) Any person or persons who initiate a disciplinary
9    charge against a person shall not determine the disposition
10    of the charge. The Director may establish one or more
11    disciplinary boards to hear and determine charges.
12        (2) Any committed person charged with a violation of
13    Department rules of behavior shall be given notice of the
14    charge including a statement of the misconduct alleged and
15    of the rules this conduct is alleged to violate.
16        (3) Any person charged with a violation of rules is
17    entitled to a hearing on that charge at which time he shall
18    have an opportunity to appear before and address the person
19    or persons deciding the charge.
20        (4) The person or persons determining the disposition
21    of the charge may also summon to testify any witnesses or
22    other persons with relevant knowledge of the incident.
23        (5) If the charge is sustained, the person charged is
24    entitled to a written statement of the decision by the
25    persons determining the disposition of the charge which
26    shall include the basis for the decision and the



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1    disciplinary action, if any, to be imposed.
2        (6) (Blank).
3    (f) In disciplinary cases which may involve the imposition
4of segregation and isolation, isolated confinement, or
5restrictive housing, the Director shall establish disciplinary
6procedures consistent with the Isolated Confinement
7Restriction Act.
8(Source: P.A. 97-1083, eff. 8-24-12.)
9    Section 999. Effective date. This Act takes effect January
101, 2018, except that this Section and Section 15 take effect
11upon becoming law.".